The Boston Removal / Deportation Defense lawyers at FitzGerald Law Company have vast courtroom experience litigating and defending immigrants from deportation/ removal from the U.S. We routinely appear before the Immigration Court in Boston to represent clients and ensure that their rights are protected. We will aggressively battle against the Department of Homeland Security (DHS) attorneys to prevent families from being separated and forced to live apart. It is actually part of our firm’s mission [1] to fight to keep families together here in the U.S..
What is Deportation / Removal?
Removal (also known as Deportation) is the process in which an official from one of DHS’ immigration agencies (USCIS, CBP or ICE) makes an initial determination that a person is in the U.S. unlawfully or without proper permission and they initiate a legal process to remove or deport the person.
In most instances, the law allows the person to contest or fight DHS in an administrative court proceeding before the Department of Justice in the Immigration Court. The person has a right to be represented by an attorney in these proceedings and the person can petition the Immigration Court for an immigration benefit which will allow them to remain in the U.S.
Will I be Held in Jail During my Removal / Deportation Proceedings?
The Immigration law allows DHS to detain many individuals who are in Deportation / Removal proceedings and some of the rules state that detention of certain immigrants is mandatory, for example, terrorists or aliens with serious criminal convictions [2]. Most immigrants, however, may be released at either the discretion of DHS officers or by an order of an Immigration Court Judge.
Generally, if the government has evidence that a person in removal / deportation proceedings should be detained, the person must be able to demonstrate that they will have a residence where they can stay, that they will appear at all of their hearings, comply with the laws, not engage in any criminal activities and that they have a valid immigration claim to pursue before the Immigration Court, in order to be released from custody / detention.
A person can be released with or without conditions. The government often requires that a bond / bail is paid for their release and in many instances the person must wear a GPS tacker on their ankle and “check-in” with ICE officials on a regular basis.
Why Do I need a Removal / Deportation Lawyer?
An experienced Removal / Deportation lawyer will generally be able to analyze your situation and identify what immigration benefits you may qualify for and may be able to get you released from custody while your case is being processed by the Court or by DHS. If you do not qualify for any immigration benefit or relief (i.e. Asylum [3], Withholding, Cancellation of Removal [4], an I-601 waiver or pardon [5], etc.), then the Removal / Deportation attorney may be able to obtain a grant of “voluntary departure” for you, which means that you are able to make your own arrangements to depart the U.S. by a determined date and you generally do not have to remain in custody / detention before your departure date.
How and Why was I Placed in Deportation / Removal?
A Removal / Deportation process is generally started if a person:
- Entered the U.S. without a valid visa or EWI (Entry without Inspection)
- Entered the U.S. with a valid visa, but overstayed or otherwise violated the conditions of their immigration status
- Was convicted of a criminal offense which renders them deportable
- Filed an immigration petition which got denied by USCIS and you are now out of status
- Is a legal permanent resident that has violated the terms of their status (i.e. has been convicted of certain criminal offenses, has remained outside the U.S. for longer than 180 continuous days without permission, etc.).
Generally a Removal / Deportation process begins when a person receives a Notice to Appear (NTA), a legal document that states the factual basis for the removal, the law upon which it is based, as well as the date, time, and place of the Removal / Deportation Hearing. The DHS official must then file the NTA with the Immigration Court where the hearing or hearings will be held.
What Happens at a Removal / Deportation Hearing?
There are several types of deportation / removal proceedings, specifically Deportation Proceedings for cases that began before April of 1996 for people who were inside the U.S., Exclusion Proceedings for cases that began before April of 1996 for people who were trying to enter the U.S., and Removal Proceedings for all cases after April of 1996.
The rules and procedures of these cases, which have some small variations, are generally the same. Typically there are 3 types of hearings, a Master Calendar Hearing, a Status Hearing, and an Individual Hearing. A Master Calendar Hearing is an initial hearing or a scheduling hearing. Generally, pleadings (responses to the government’s allegations) and applications are submitted to the Court and a schedule for future hearings is established.
A Status Hearing generally occurs when the Court or the parties are awaiting action from another government entity which is required for the case, such as the processing of security checks by the FBI, release of new visas by the Department of State, or adjudication of a Visa Petition, such as an I-130, by USCIS.
An Individual Hearing is a hearing where the evidence and testimony are usually presented to the Court and some type of decision is to be made on an issue or on the case. The Individual Hearing is the Immigration Court version of a trial.
Our Boston Removal / Deportation Lawyers have a Long History of Success Defending Immigrants from Deportation / Removal
Deportation/Removal Proceedings are generally complex and difficult to manage, and because the consequences are so severe, it is critical to have the benefit of strong and experienced attorneys. If you or a family member are facing Removal / Deportation Proceedings, it is recommended that you contact an immigration lawyer experienced with the intricacies of Removal / Deportation and who can help you determine what available options there are to legalize your status in the U.S. The attorneys at FitzGerald Law Company have a successful track record representing immigrants in Immigration Court and we treat every case with the gravity and dedication it requires. When you hire our Removal / Deportation attorneys to represent you, you can rest assured that you are receiving the best possible defense from Removal / Deportation. Call 617-303-2600 and schedule a consultation and learn how we can help you today.